Section 17.26. Payments for future medical expenses.

 

(1)   Purpose. This section implements s. 655.015 , Stats.

(3)   Definitions. In this section:

(a) "Account" means a portion of the fund allocated specifically for the medical expenses of an injured person.

(b) "Claimant" means the injured person, the individual legally responsible for the injured person's medical expenses or the injured person's legal representative.

(c) "Medical expenses" means charges for medical services, nursing services, medical supplies, drugs and rehabilitation services that are incurred after the date of a settlement, panel award or judgment.

(4)   Administration.

(a) If a settlement or judgment is subject to s. 655.015 , Stats., the insurer or other person responsible for payment shall, within 30 days after the date of the settlement or judgment, pay the fund the amount in excess of $100,000 and shall provide the fund with an executed copy of the document setting forth the terms under which payments for medical expenses are to be made.

(b) The fund shall credit each account with a proportional share of any interest earned by the fund, based on the remaining value of the account at the time the investment board declares the interest earnings. The fund shall maintain an individual record of each account as provided in s. 16.41 , Stats.

(c) Upon receipt of a claimant's request for reimbursement of medical expenses, the fund, after determining that the supplies or services provided were necessary and incidental to the injury sustained by the injured person and that the provider of the supplies or services has actually been paid, shall pay the claim from the appropriate account.

(d)

1. If the fund is not satisfied that a provider has actually been paid for services or supplies provided to an injured person, the fund may make payments jointly to the claimant and the provider.

2. A claimant may, in writing, authorize direct payment to a provider.

(e) The fund shall at least annually report to each claimant the status of the injured person's account, including the original amount, payments made since the last report and the balance remaining.

(f) If an injured person dies and there is a balance in his or her account, the balance shall revert to the insurer or other person responsible for establishing the account.

History: Cr. Register, November, 1976, No. 251 , eff. 12-1-76; renum. from Ins 3.37, Register, July, 1979, No. 283 , eff. 8-1-79; am. (3), r. (4) (b) and (f), renum. (4) (d), (e), (g) and (h) to be (4) (e) (b), (d) and (f) and am., Register, April, 1984, No. 340 , eff. 5-1-84; am. (1), (3) (a) to (c) and (4), r. (2), Register, June, 1990, No. 414 , eff. 7-1-90; emerg. am. (4) (a), eff. 5-28-96; am. (4) (a), Register, September, 1996, No. 489 , eff. 10-1-96. Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. Ins 17.26 .